How to deal with the problems after the contract warranty period? Everything has a shelf life, which is particularly important in daily commodity trading, especially in food and drug trading. However, the quality of any goods beyond the warranty period cannot be guaranteed. Let's take a look at how to deal with problems after the warranty period expires.

How to deal with the problems after the warranty period of the contract 1 legal analysis: claim legal rights and interests according to the contract. If there is a problem after using a product with a clear shelf life, you can only solve it yourself. If the shelf life agreed in the contract is contrary to the mandatory provisions of the state, the agreement is invalid. You can solve it by sending him a letter through your legal adviser or filing a civil lawsuit.

Legal basis: Article 153 of the Civil Code of People's Republic of China (PRC) violates the mandatory provisions of laws and administrative regulations and is invalid. However, unless mandatory provisions do not invalidate civil legal acts.

A civil legal act that violates public order and good customs is invalid.

I. Time limit for performance of the contract

What the parties to a sales contract agree in the process of concluding the contract through consultation is an objective standard to define whether the parties to the contract perform their contractual obligations on time or postpone their performance, and it is the time limit for both parties to perform the contract. This limit shall come into effect after the signing of the contract by both parties and shall be protected by law. Anyone who violates this agreement shall bear corresponding legal responsibilities.

The performance period of the contract is calculated in days, days, months, quarters, half a year, years or years. The performance period in a sales contract is actually the time when the seller delivers the subject matter and the buyer pays the price.

The performance period of the contract is the time limit for both parties to complete the performance of the contract within a certain period after the contract comes into effect. The performance of the contract mainly includes the price, time, place and method of performance.

However, the performance period generally does not include the warranty period. Commodity quality shall be implemented in accordance with national standards and industry standards. If there is no national industry standard, it shall be implemented in accordance with the usual standards or specific standards that meet the purpose of the contract. The shelf life of each commodity is generally stipulated by the state or industry. In general, the quality problems of the goods can only be revealed after the contract expires. If there is a quality problem or a breach of contract, the breaching party should compensate. You can find some special goods during the performance. If you don't use it at all, you can return or exchange it immediately.

The performance clause of a contract is the main clause of the contract. It is normal to specify the time limit for performance when signing a contract, which meets the requirements of the law. Time limit for performance refers to the time limit for performance of contractual obligations agreed by the parties to the contract, including delivery time and payment time.

Second, the warranty period

The warranty period and performance period of a contract are two different legal concepts. Warranty period is the guarantee of product quality period, which can also be stipulated in the contract, but it shall not violate the provisions of national standards or industry standards. Usually, if the product has quality problems during the warranty period, it will not happen until the performance period of the contract expires.

Of course, in a special contract, such as a long-term contract, if the product is performed by stages in a long time span and the product is perishable, then the product may have quality problems during the warranty period, and then it may still be in the performance period of the contract.

How to deal with the problems after the contract warranty period? How long is the warranty period of the civil code contract?

The quality guarantee period of the contract is generally two years. According to the relevant contents of the Civil Code,

Article 62 1

If the parties agree on the inspection period, the buyer shall notify the seller of the non-conformity of the quantity or quality of the subject matter within the inspection period. If the buyer fails to give notice within the time limit, it shall be deemed that the quantity or quality of the subject matter conforms to the agreement.

If the parties have not agreed on the inspection period, if the buyer finds or should find that the quantity or quality of the subject matter is not in conformity with the agreement, it shall notify the seller within a reasonable time. If the buyer fails to notify the seller within a reasonable period of time or fails to notify the seller within two years from the date of receiving the subject matter, it shall be deemed that the quantity or quality of the subject matter conforms to the agreement; However, if the subject matter has a quality guarantee period, the quality guarantee period shall apply, and the two-year period shall not apply.

Article six hundred and twenty-two

If the inspection period agreed by the parties is too short, and it is difficult for the buyer to complete the comprehensive inspection within the inspection period according to the nature and trading habits of the subject matter, this period is only regarded as the time limit for the buyer to raise objections to the appearance defects of the subject matter.

If the agreed inspection period or quality assurance period is shorter than that stipulated by laws and administrative regulations, the provisions of laws and administrative regulations shall prevail.

Article 795

The contents of a construction contract generally include project scope, construction period, start and end time of intermediate projects, project quality, project cost, technical data delivery time, material and equipment supply responsibility, appropriation settlement, completion acceptance, quality warranty scope and duration, and mutual cooperation.

Second, the difference between warranty period and warranty period

1. The concept of quality warranty period with different basis and nature comes from the Regulations on Quality Management of Construction Projects issued by the State Council. The Regulations on Quality Management of Construction Projects clearly stipulates the minimum period of quality warranty period, which is mandatory, and the warranty period agreed by the parties shall not violate the law. The warranty period comes from the Interim Measures for the Management of Construction Project Quality Margin issued by the Ministry of Construction and the Ministry of Finance. The warranty period can be agreed by both parties to the contract independently as 6 months, 12 months, 18 months or 24 months, but only the agreed warranty period shall not exceed 24 months.

2. The warranty period is different from the warranty period.

3. The warranty period and the start time of the warranty period are different. The warranty period is calculated from the actual completion date of the project. The warranty period is calculated from the date of project completion acceptance.

4. The parties have different degrees of freedom to agree on the guarantee period and the guarantee period.

5. The relationship with the quality guarantee is different.

6, the validity period is different "Regulations on Quality Management of Construction Projects" Article 39 The quality warranty system shall be implemented for construction projects. When submitting the project completion acceptance report to the construction unit, the construction contractor shall issue a quality guarantee to the construction unit. The quality warranty shall specify the warranty scope, warranty period and warranty responsibility of the construction project.

The above is the relevant explanation of how long the quality guarantee period of the civil code contract is. Generally, in the construction contract, it is necessary to specify the relevant quality warranty scope and quality warranty period. When it is detected that there are related quality problems in the bought and sold goods, it should be solved in time. Otherwise, two years later, the quality of the goods conforms to the agreement.

How to deal with the problems after the contract warranty period? What is the difference between warranty period and warranty period?

1, the basis and nature are different.

The concept of quality warranty came from the State Council in 2000. There is a minimum quality guarantee period, which is mandatory. The warranty period agreed by the parties shall not violate the law. The warranty period comes from the ` issued by the Ministry of Finance in 2005. The warranty period can be independently agreed by the employer and the contractor as 6 months, 12 months, 18 months or 24 months, but only the agreed warranty period shall not exceed 24 months.

2. The warranty period is different from the warranty period.

According to, the warranty period is generally 6 months, 12 months, 18 months or 24 months, but the longest period shall not exceed 24 months. According to the provisions of Article 40: "Under normal use conditions, the minimum warranty period of construction projects is: the basic engineering, foundation engineering and main structure engineering of housing construction are the reasonable service life of the projects specified in the design documents; 、

There is a requirement for waterproof bathroom, room, exterior wall leakage prevention for 5 years; The heating and cooling system consists of two heating periods and cooling periods; The installation and decoration of electrical pipelines, pipes and equipment shall last for 2 years. The warranty period of other projects shall be agreed by the employer and the contractor. The warranty period of the construction project shall be calculated from the date of completion and acceptance. "

3. The warranty period and the start time of the warranty period are different.

The warranty period is calculated from the date of actual completion of the project. The warranty period is calculated from the date of qualification.

4. The parties have different degrees of freedom to agree on the guarantee period and the guarantee period.

The duration of the warranty period can be agreed by both parties, as long as it does not exceed 24 months. The warranty period of main parts is mainly stipulated directly by the law, that is, the statutory warranty period. The warranty period agreed by the parties shall not be less than the statutory warranty period, otherwise the agreement shall be invalid and shall still be implemented in accordance with the statutory warranty period. However, if the warranty period agreed by the parties is longer than the statutory warranty period, the agreement is valid and the agreed warranty period shall prevail.

5. The relationship with the quality guarantee is different.

The warranty period is also the time limit for the employer to reserve the quality deposit. After the expiration of the warranty period, if there are no quality problems or contractor maintenance problems, the employer shall return the quality deposit without interest, otherwise it shall bear the responsibility. However, the return of the quality deposit has nothing to do with the project warranty period.

6. The expiration period is different.

When the quality warranty period expires, the contractor's warranty obligations are completed and eliminated. With regard to the warranty period, according to the regulations, the expiration of the warranty period only means that the contractor undertakes to eliminate all defects during this period, but it does not rule out that it shall undertake the quality warranty obligations caused by its own reasons after the expiration of the warranty period and before the expiration of the warranty period agreed in the special terms.

How long is the warranty period of highway engineering? The state has specific regulations. Highway engineering includes many sub-projects such as pavement engineering and drainage engineering. The warranty period of these different projects is also different. The project warranty period is different from what we usually call the warranty period, and there are some differences between them. The project warranty period is generally shorter than the warranty period, and the starting time of the two is also different.